There are some misconceptions among people about the privacy policies of an unmarried couple staying in hotel. Is it legal for an unmarried couple to stay together in a hotel room? What the law says? What you will have to do if police come? Let’s know all the answers at once.
The Indian Constitution, along with its citizens, grants unmarried couples the right to privacy. So, let’s explore whether police can raid a hotel and arrest a couple, and what the rules are in India regarding unmarried couples staying in hotels.
What does the law say?
According to the rules, if the couple is adult and not involved in any crime, the police have no authority to arrest them from the hotel. According to Article 21 of the Indian Constitution, everyone has the right to life and privacy. Therefore, if the couple is staying at a hotel with their consent and has not committed any crime, the police cannot harass them. However, if one partner of the couple staying at the hotel is accused or changes their statement, they may be arrested. In such a situation, a conviction could result in a prison sentence of one to one and a half years. Furthermore, the police have no legal authority to harass couples staying with valid IDs and room bookings.
What to do when the police arrive?
If you are staying in a hotel and the police conduct a raid, and despite your adult status and valid ID, they threaten to arrest you or intimidate you, you can request a written statement from the police stating that you are being arrested. It is also legal to video record police personnel during such circumstances. If the police are being overly threatening, you can call a PCR call or complain to senior officers. If the police threaten to summon your parents, you can provide proof of your adulthood.
The High Court has given decisions regarding unmarried couples
In 2009, the Delhi High Court ruled that unmarried couples have the right to stay together in a hotel. Furthermore, in 2013, the Madras High Court stated that the law cannot prevent unmarried couples from staying in hotels. In 2019, the Madras High Court also stated that living together in a live-in relationship is not a crime and couples can stay in hotels.